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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER AGENERAL PROVISIONS
RULE §263.9Providing Physical Therapy, Occupational Therapy, and Speech and Language Pathology as a Telehealth Service

(a) Except as described in subsection (c) of this section, a service provider of physical therapy, occupational therapy, or speech and language pathology may provide physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service.

(b) If a service provider of physical therapy, occupational therapy, or speech and language pathology provides physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service, a program provider must ensure that the service provider:

  (1) uses a synchronous audio-visual platform to interact with the individual, supplemented with or without asynchronous store and forward technology;

  (2) does not use an audio-only platform to provide the service; and

  (3) before providing the telehealth service:

    (A) obtains the written informed consent of the individual or LAR to provide the service; or

    (B) obtains the individual or LAR's oral consent to receive the telehealth service and documents the oral consent in the individual's record.

(c) A program provider must ensure that a service provider of physical therapy, occupational therapy, or speech and language pathology performs services in person, as required by the Texas Medicaid Provider Procedures Manual. Such services include:

  (1) a service that requires a physical agent modality or hands-on therapy, such as a paraffin bath, aquatic therapy, manual therapy, massage, and ultrasound;

  (2) orthotic management and training, initial encounter, and subsequent encounters;

  (3) prosthetic management or training for an upper or lower extremity, initial encounter, and subsequent encounters;

  (4) a wheelchair assessment and training; and

  (5) a complex rehabilitation technology assessment.


Source Note: The provisions of this §263.9 adopted to be effective March 1, 2023, 48 TexReg 1080

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